Understanding the role of a probate curator

On behalf of The Day Law Office posted in probate on Friday, November 3, 2017.

Even if you are not familiar with the estate administration process, you likely understand that there are several things that need to be done in order to prepare your loved one's estate for probate in Hernando County. As all of the necessary steps are being taken, what happens with the estate's assets? Many have come to us here at The Day Law Office concerned that not having someone monitoring estate property in the absence of a confirmed personal representative could expose it to creditor's claims and other losses. If you share the same concerns, do not worry; in such cases, the court will often appoint a probate curator.

In Section 733.501 of the Florida's Estates and Trusts Code, it says that a curator can be appointed in the absence of a personal representative. He or she will then have all of the power and authority to manage the estate that the personal representative would have. Typically, this is done if there are concerns that a lack of management would produce a loss to the estate's overall value. If that loss appears to be imminent, the court may even appoint a curator without notifying you or other interested parties.

You may also request that a curator be appointed. Reasons for doing so may include to allow time for one named as personal representative to adequately prepare him or herself for the position, or if you are contesting the appointment of one to the role. Keep in mind, however, that a probate curator's time and services are not donated. He or she will still need to be paid for his or her work out of the estate's assets.

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